Clone Pty Ltd v. Players Pty Ltd (In Liquidation) (Receivers & Managers Appointed) & Ors
Case No.
A22/2017 and A23/2017
Case Information
Lower Court Judgment
8/12/2016 Supreme Court of South Australia (Blue J, Stanley J, Debelle AuJ)
Catchwords
Procedure – Jurisdiction to set aside judgment – Whether power of Supreme Court to set aside perfected orders in its equitable jurisdiction extends to malpractice not amounting to fraud – Where document lodged by first respondent was contained in files of fifth respondent – Where primary judge found that appellant’s legal advisers engaged in “serious malpractice” by recklessly failing to discover document – Where primary judge found that first respondent failed to exercise reasonable diligence in searching for document – Where primary judge ordered new trial on basis that there was “real possibility” that issue would have been decided differently – Whether Court of Appeal erred in formulation and application of principles that inform jurisdiction to set aside perfected judgment on ground of malpractice for failure to disclosure document.
Documents
16/06/2017 Hearing (SLA, Melbourne v/link Adelaide)
29/06/2017 Notice of appeal
06/07/2017 Submitting appearance (Fifth Respondent)
21/07/2017 Written submissions (Appellant)
21/07/2017 Chronology (Appellant)
21/07/2017 Written submissions (Sixth Respondent)
11/08/2017 Written submissions (First to Fourth Respondents)
23/08/2017 Reply
13/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
21/03/2018 Judgment (Judgment summary)